Qui Tam Section: [VIRTUAL] False Claims Act Today – Eastern District of Texas

**Program hosted in (ET) time zone**

Hosted by the FBA’s Qui Tam Section, often in cooperation with local FBA chapters, “The False Claims Act Today” is a discussion series that examines the details of real-life FCA practice in specific jurisdictions. Sessions typically focus on a single federal district and feature an experienced local panel that includes an Assistant U.S. Attorney for the district; a federal judge; a relator-side attorney; and a defense attorney.

We hope to resume in-person sessions of “The FCA Today” in 2021, but for now we are conducting them online via the Zoom platform. For this session on the Eastern District of Texas, attendees can expect a brief overview of the FCA process, including a review of case law in the Fifth Circuit, and a detailed look at:

• The types of FCA case most welcomed by the district’s U.S. Attorney Offices;
• How E.D. Tex. prosecutors work with Main Justice to investigate complaints and weigh intervention;
• How E.D. Tex. judges evaluate seal extensions and seal violations;
• The local impact of the Supreme Court’s recent FCA decisions; and
• Where E.D. Tex. prosecutors fall in national debates over the viability of medical necessity cases, DOJ dismissal of relator-led cases, and other issues.

This webinar does not carry CLE credit. Registrants will receive Zoom login details on the day before the event

Registration for this event is now closed.

About the Presenters

R. Scott Oswald – Chair, FBA Qui Tam Section (moderator)

Scott Oswald is an accomplished trial lawyer who has brought more than 40 trials to verdict. His cases have recovered more than $300 million in judgments and settlements. A fellow of the prestigious College of Labor and Employment Lawyers, he received his law degree from Howard University and honed his skills at Trial Lawyers College, founded by the legendary Gerry Spence. Mr. Oswald litigates employment and whistleblower actions nationwide. Among his results:

• First jury verdict under new whistleblower protections in the National Defense Authorization Act of 2013|
• First Sarbanes-Oxley Act liability verdict to withstand appeal
• First jury verdict under 2009 anti-retaliation provisions of False Claims Act
• First Dodd-Frank Act retaliation lawsuit to reach discovery in federal court

Mr. Oswald is chair of the Federal Bar Association’s Qui Tam Section and immediate past chair of the FBA’s Professional Ethics Committee. Lawdragon ranks him as one of the top 500 plaintiff-side employment lawyers in the country.

Stacy L. Brainin – Partner, Haynes and Boone, LLP

Stacy Brainin has extensive experience in white collar criminal defense and government investigations, including representation of companies and individuals in both criminal and civil matters. Her practice also includes complex business litigation with an emphasis in healthcare and professional liability matters. She has defended cases alleging civil and criminal business fraud in state and federal courts throughout the country. Ms. Brainin represents and advises healthcare providers in civil and criminal disputes with state and federal government agencies. She is experienced in handling internal investigations and routinely advises clients regarding difficult compliance and disclosure issues. Ms. Brainin has served as adjunct professor at the University of Texas School of Law from 2009 to present.

Stephen J. Cox – 39th U.S. Attorney for the Eastern District of Texas

Stephen J. Cox is the 39th United States Attorney for the Eastern District of Texas (EDTX). Mr. Cox was appointed by the Court as U.S. Attorney on September 28, 2020, having received unanimous approval of the District Judges.
Before being appointed as U.S. Attorney, Mr. Cox served as Deputy Associate Attorney General and Chief of Staff within the Department’s Office of the Associate Attorney General. In that role, Mr. Cox spearheaded numerous policy reforms relating to corporate enforcement and regulatory reform, as well as overseeing several Department matters relating to financial fraud and healthcare fraud.
Previously, Mr. Cox served on the William H. Webster Commission on the FBI, Counterterrorism, Intelligence, and the Events of Fort Hood, and as a senior advisor to the Director of U.S. Immigration and Customs Enforcement. Mr. Cox has also spent time in private practice, dealing with white collar investigations, ethics and compliance, and regulatory matters.

James Gillingham – Civil Chief, U.S. Attorney’s Office for the Eastern District of Texas

James Gillingham is an Assistant United States Attorney at the U.S. Attorney’s Office for the Eastern District of Texas. Mr. Gillingham currently serves as the Civil Chief for the Eastern District of Texas. Prior to being promoted to that role, Mr. Gillingham served as the Eastern District of Texas’ Affirmative Civil Enforcement Coordinator and the Civil Health Care Fraud Coordinator. Mr. Gillingham’s practice focuses on health care fraud and civil enforcement of the Controlled Substances Act. In 2019, Mr. Gillingham received a Department of Justice Director’s Award for Superior Performance as an Assistant United States Attorney – Civil. Mr. Gillingham received his Juris Doctor from Loyola University Chicago School of Law, and his Bachelor of Arts from the University of Texas at Austin.

Hon. Jeremy D. Kernodle – U.S. District Judge, Eastern District of Texas

Judge Jeremy D. Kernodle is a United States District Judge for the Eastern District of Texas in Tyler.  Before taking the bench, Judge Kernodle was a partner at Haynes and Boone, LLP in Dallas, where he practiced complex commercial litigation and appeals.  Judge Kernodle also previously served as an attorney-adviser in the Office of Legal Counsel at the U.S. Department of Justice and as an associate at Covington & Burling in Washington, D.C.  Judge Kernodle graduated summa cum laude from Harding University with a B.A. and a B.B.A, and received his law degree from Vanderbilt University Law School with highest honors.  He served as a Law Clerk to Judge Gerald Bard Tjoflat of the U.S. Court of Appeals for the Eleventh Circuit.

Thomas M. Melsheimer – Partner, Winston & Strawn, LLP

Tom Melsheimer tries lawsuits in state and federal courts, emphasizing intellectual property, business torts, and False Claims Act (FCA) litigation. His trial experience is unusually broad and extensive. On the civil side, he has tried to verdict cases involving patent infringement, trade secrets, insider trading, antitrust, breach of fiduciary duty, fraud, product liability, and FCA violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement, aggravated sexual assault, and kidnapping. Tom’s jury trials include successfully representing plaintiffs and defendants on both coasts and throughout Texas.

Tom was lead trial counsel for billionaire entrepreneur Mark Cuban in the widely publicized insider trading case brought by the U.S. Securities and Exchange Commission (SEC). The jury cleared Mr. Cuban of any wrongdoing following a three-week trial in Dallas federal court. Tom has represented Mr. Cuban, the Dallas Mavericks, and other Cuban business interests since 2000.

Registration

Registration for this event is now closed.

Cancellation Policy

No refunds will be made for cancellations received after the close of business on January 14, 2021. No-shows will be billed. Substitutions may be made at any time upon notification. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests.

CLE

Please note that CLE credit is not offered for this webinar.

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If you have any questions regarding this program, please contact sections@fedbar.org.